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2019 Supreme(Kar) 919

K.NATARAJAN
Bajaj Allianz General Insurance Co Ltd – Appellant
Versus
Vishwanatha Nayak – Respondent


Advocates:
Advocate Appeared:
Gururaj Kulkarni, Adv., Vishwanatha Poojary K, Adv., Vijayakumar, Adv.

JUDGMENT :

K. Natarajan, J.

MFA No.2825/2012 is filed by the insurer while MFA No.2026/2013 is filed by the legal representatives of the deceased Divakara, both assailing the judgment and award dated 22.12.2011, passed by the Motor Accident Claims Tribunal, Puttur, (hereinafter referred to as 'Tribunal'), in MVC No.737/2007.

2. For the sake of convenience, the status of the parties before the Tribunal is retained.

3. Heard the arguments of learned counsel for the appellants and the respondents.

4. The legal representatives of one Divakara, who died in a road traffic accident have filed claim petition under Section 166 of the Motor Vehicles Act, 1988 ('Act' for short) claiming compensation of Rs.10,00,000/- inter alia, contending that on 16.01.2007, the said Divakara was proceeding from the Hotel Tiffin Hall towards Ramanagara by walking near Uppinangady Old Bus Stand, Gandhi Park Road on the left side of the road at 9.30 p.m., and when he reached near Gandhi Park of Uppinangady Kasaba village in Puttur Taluk, the motorcycle bearing Regn. No.KA-21/J-2297 came in a high speed on the w

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